South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 27

27—Encroachments

        (1)         If it appears from a community plan that any part of a building encroaches over land not included in the community parcel, the plan can only be deposited if—

            (a)         no part of a lot to be created by the plan forms part of the encroachment; and

            (b)         —

                  (i)         the encroachment is over land vested in, or under the control or management of, a council and the council consents to the encroachment; or

                  (ii)         the encroachment consists of the protrusion of footings, or footings and associated structures of a nature prescribed by regulation, by not more than the distance prescribed by regulation beyond the boundaries of the parcel, and the owner of the land over which the encroachment occurs consents to the encroachment; or

                  (iii)         it is established to the Registrar-General's satisfaction that the encroachment is otherwise authorised by law.

        (2)         Where an application affected by an encroachment is granted by the Registrar-General—

            (a)         the Registrar-General will, on the deposit of the plan, enter the encroachment on any relevant certificate of title or on any relevant instrument registered in the General Registry Office; and

            (b)         any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.